Gail Benoit gets jail time for 2007 assault

Her apparent medical crisis triggered a verbal outburst from her common law spouse, Dana Bailey. “How could you do this to a woman who has had surgery on tumours in her neck?” Bailey yelled at the judge. “How could you do this? She has kids at home. She chokes. I have to watch her 24-7 so she doesn’t choke.”

Benoit was aided by court officials and Bailey was escorted from the courtroom. His shouting, profanities and threats continued as he made his way down the courthouse stairs.

Benoit and Bailey were also each fined $1,500 for animal cruelty and instructed to pay restitution of $2478 to the SPCA.

The April 16 sentencing was in response to being found guilty on assault and animal cruelty charges stemming from the 2007 seizure of 10 sick, malnourished puppies from their Roxville property.

The raid by SPCA officers (accompanied by RCMP officers) took place on two October days, a point that was duly noted by Judge Batiot.

The judge was prepared to disregard the fact that Benoit had two prior convictions in the mid 90s for assaulting peace officers, and sentenced her to 18 months probation for her actions Oct. 24, 2007. But the fact that she assaulted and obstructed Noel two days later—at a time when she had already consulted with her lawyer—meant her behavior must be denounced.

Crown attorney Rosalind Michie had also asked the judge to ban Benoit and Bailey from animal ownership, but the law indicates that such a ban can be imposed when the animals that have suffered cruelty or neglect are owned by the abuser. The Valley Bull puppies that were seized in October 2007 were owned Pat Harlow-Robar who expected Benoit and Bailey to sell the pups on her behalf.

In her pre-sentence address, Michie told the judge that people in the community found Benoit and Bailey’s neglect of animals abhorrent and said the duo has never accepted any blame. “There has been an absolute denial that anything has ever been their fault.”

In their defense, Michael Power, who also defended them on an animal cruelty charge in 2001, said the couple have sold thousands of pups over the years. “You would think, considering the volume they have handled there would have been more complaints.”

In requesting a minimal fine, Power told the court Benoit and Bailey’s Puppies ‘R’ Us business is pretty much in limbo and they are both disabled; Benoit receives $830 and Bailey receives $869 per month.

Benoit and Bailey will appear in court again in September on animal cruelty charges relating to their 2008 sale of sick and dying puppies.